New Mexico earns an A for its civil forfeiture laws
Standard of Proof
Highest bar to forfeit: New Mexico has only criminal forfeiture.
Innocent Owner Burden
Stronger protections for the innocent: The government must prove by clear and convincing evidence that a third-party owner knew about the criminal use of their property.
Financial Incentive
No profit incentive: All forfeiture proceeds, beyond some retained to cover related expenses, go to the general fund.
The letter grade reflects New Mexico’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Recent Reforms
Recommendations
What happens after personal property is seized in New Mexico?
Under New Mexico law, the government can pursue only criminal forfeiture, not civil forfeiture. Forfeiture occurs as part of the criminal proceedings against a defendant, and property can be forfeited only if the defendant is convicted. Both defendants and innocent owner claimants can request a preliminary hearing to try to get their property back before the criminal trial.
*If the defendant fails to appear in court for the criminal proceeding and no one has made an innocent owner claim, the property can be treated as abandoned and forfeited.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
State and Federal Forfeiture Proceeds, 2000–2023
At least $52 million in state and federal forfeiture revenue
| Year | New Mexico Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $541,659 | $548,000 | $1,089,659 |
| 2001 | Unknown | $1,157,905 | $41,000 | $1,198,905 |
| 2002 | Unknown | $2,272,066 | $108,000 | $2,380,066 |
| 2003 | Unknown | $2,319,114 | $136,000 | $2,455,114 |
| 2004 | Unknown | $2,829,601 | $19,000 | $2,848,601 |
| 2005 | Unknown | $3,017,396 | $117,000 | $3,134,396 |
| 2006 | Unknown | $2,616,795 | $3,000 | $2,619,795 |
| 2007 | Unknown | $3,759,580 | $8,000 | $3,767,580 |
| 2008 | Unknown | $3,282,329 | $178,000 | $3,460,329 |
| 2009 | Unknown | $3,121,539 | $3,000 | $3,124,539 |
| 2010 | Unknown | $5,539,453 | $20,000 | $5,559,453 |
| 2011 | Unknown | $3,109,326 | $220,000 | $3,329,326 |
| 2012 | Unknown | $1,388,231 | $432,000 | $1,820,231 |
| 2013 | Unknown | $5,352,116 | $202,000 | $5,554,116 |
| 2014 | Unknown | $2,998,052 | $984,000 | $3,982,052 |
| 2015 | $126,979 | $2,140,544 | $637,000 | $2,904,523 |
| 2016 | $203,922 | $202,220 | $0 | $406,142 |
| 2017 | $17,920 | $90,710 | $0 | $108,630 |
| 2018 | $28,893 | $400,630 | $0 | $429,523 |
| 2019 | None Reported | $965,409 | $0 | $965,409 |
| 2020 | None Reported | $689,730 | $0 | $689,730 |
| 2021 | None Reported | $35,085 | -$22,000 | $13,085 |
| 2022 | None Reported | $19,675 | $0 | $19,675 |
| 2023 | None Reported | $324,168 | $0 | $324,168 |
| Totals | $377,714 | $48,173,333 | $3,634,000 | $52,185,047 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Since July 2015, New Mexico has directed all equitable sharing proceeds to the general fund, effectively disqualifying state and local agencies from participating.
Forfeitures Under New Mexico Law: Key Facts
Median Value
N/A
New Mexico says it did not conduct any forfeitures from 2019 to 2023.
Property Types
N/A
New Mexico says it did not conduct any forfeitures from 2019 to 2023.
Proceeding Types
N/A
New Mexico processes all forfeitures under criminal law.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
D-Statewide Forfeiture Reports
BPenalties for Failure to File a Report
F*Accounting for Forfeiture Fund Spending
N/A †Accessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
N/A ††These grades are not applicable as New Mexico does not permit law enforcement agencies to spend forfeiture revenue.
*Agencies must file even when they have nothing to report.
For full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
According to reports from the state Department of Public Safety, New Mexico did not conduct any forfeitures under state law between 2019 and 2023. Revenues for earlier years are from data downloaded from the DPS’s website and represent the value of currency and property forfeited in a calendar year. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data.
Legal Sources
Standard of proof: Criminal forfeiture.
N.M. Stat. Ann. § 31-27-4.
Innocent owner burden: Government. When a person claims to be an innocent owner and shows an ownership interest, the government must prove by clear and convincing evidence that the person had actual knowledge of the underlying crime giving rise to the forfeiture.
N.M. Stat. Ann. § 31-27-7.1(D).
Financial incentive: No financial incentive. All proceeds must be deposited in the general fund, though agencies can retain part of the proceeds from criminal forfeiture to cover related expenses.
N.M. Stat. Ann. § 31-27-7(B).
Process: N.M. Stat. Ann. §§ 31-27-2 et seq. (criminal forfeiture procedure).